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SBR -v- The Mid Yorkshire Hospitals NHS Trust (anonymity order)

Claim No: QB-2018-001644

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ROYAL COURTS OF JUSTICE

Date: 11/05/2022

Before:
Her Honour Judge Coe QC

Between:
SBR
(a Child, by his Father and Litigation Friend,
SBS)
-v-
THE MID YORKSHIRE HOSPITALS NHS TRUST

ANONYMITY ORDER

BEFORE Her Honour Judge Coe QC, sitting as a High Court Judge on 11 May 2022

UPON HEARING Leading Counsel for the Claimant (Simon Kilvington QC) and Leading Counsel (David Balcombe QC) for the Defendant

AND UPON considering the Article 8 right of the Claimant, his Litigation Friend and his mother to respect for privacy and family life and the Article 10 right to freedom of expression

AND UPON it appearing that non-disclosure of the identity and addresses of the Claimant and/or his Litigation Friend and/or his mother is necessary in order to protect the interests of the Claimant and or his Litigation Friend and his mother and for the proper administration of justice.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and Section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules and section 6 of the Human Rights Act 19981) The identity of the Claimant and/or his Litigation Friend and/or his mother be not disclosed.

2) The Claimant and/or his Litigation Friend and/or his mother be described in all statements of case and documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as:

a. ‘SBR’ (Claimant );
b. ‘SBS” (Father and Litigation Friend));
c. ‘SBT’ (mother);

3) The addresses of the Claimant and/or his Litigation Friend and/or his mother be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

4) The original of any such statement of case or other document disclosing the name or address / location of the Claimant and/or his Litigation Friend and/or his mother, or any of them, are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.

5) Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.

6) Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and/or his Litigation Friend and/or his mother, or any of them. The publication of the name and address of the Claimant and/or his Litigation Friend and/or his mother is prohibited.

7) The provisions of this order shall not apply:

a. To communications between the Court Funds Office and an anonymised party in relation to the payment of money into the Court Funds Office for the benefit of an anonymised party or the investment or treatment or payment out of such money.

b. To communications between the Court Funds Office and/or an anonymised party or any financial institution concerned as to the receipt or investment such money; or

c. To records kept by the Court Funds Office or an anonymised party or any such financial institution in relation to such money.

d. To communications with third parties by the Claimant’s Deputy appointed in due course, in fulfilling his or her deputyship duties, where the Deputy considers it to be in the best interests of the Claimant to do so.

8) A (duly anonymised) copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant and his Litigation Friend and his mother shall be referred to as ‘SBR’, ‘SBS’ and ‘SBT’ respectively.

9) Any non-party affected by this order may apply on notice to all parties to have this order set aside or varied.

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